The Mental Capacity Act 2005. 7.1 The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the MCA.
The Mental Capacity Act 2005. 16.3 The Provider shall make these policies and procedures clear to its Staff via induction, training and development, Staff meetings and supervision.
The Mental Capacity Act 2005. Under the Mental capacity Act 2005 staff are required to apply 5 principles in their assessments to decide whether to share information without consent in a persons’ best interests. As described in 2.4 of the MCA Code of Practice, "it is important to balance people's right to make a decision with their right to safety and protection when they can't make decisions to protect themselves. The starting assumption must always be that an individual has the capacity, until there is proof that they do not. 5 xxxx://xxx.xxxxxxxxxxx.xxx.xx/ukpga/1989/41/contents
The Mental Capacity Act 2005. This Act was introduced to provide a clearer legal basis for making decisions and in doing so, promotes best practice in supporting anyone who is unable to make some or all decisions. The inability to make a decision could be because of a learning disability, mental health problems, brain injury, dementia, alcohol or drug misuse, side effects of medical treatment or any other illness or disability. This Act sets out in detail how capacity to make decisions should be assessed. The principles of the Act should be followed in the event that a service user needs to be asked for specific consent to his information being used or shared for a particular purpose. In particular, it should be assumed that a service user does have the capacity to consent to the processing of his information, unless this is proved otherwise taking into account all the relevant circumstances at the relevant time. Chapter 16 of the Mental Capacity Act Code of Practice1 offers guidance on: • What personal information about someone who lacks capacity people involved in their care have the right to see, and • How they can get hold of that information. Questions to ask when requesting personal information about someone who may lack capacity Am I acting under a Lasting Power of Attorney or as a deputy with specific authority? • Does the person have capacity to agree that information can be disclosed? Have they previously agreed to disclose the information? • What information do I need? • Why do I need it? • Who has the information? • Can I show that: - I need the information to make a decision that is in the best interests of the person I am acting for, and - the person does not have the capacity to act for themselves? • Do I need to share the information with anyone else to make a decision that is in the best interests of the person who lacks capacity? • Should I keep a record of my decision or action? • How long should I keep the information for? • Do I have the right to request the information under section 7 of the Data Protection Act 1998? Questions to ask when considering whether to disclose information 1 Mental Capacity Act 2005 Code of Practice, published by The Stationery Office on behalf of the Department for Constitutional Affairs, 2007. • Is the request covered by section 7 of the Data Protection Act 1998? Is the request being made by a formally authorised representative? If not: • Is the disclosure legal? • Is the disclosure justified, having balanced the person’s best interests...
